1 CGHC010283702026 2026:CGHC:41335 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7012 of 2026 Ganpati Besra S/o Pustam Besra Aged About 26 Years R/o Village Darlipara, Police Station Devbhog, District- Gariyaband (C.G.). ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Devbhog, District- Gariyaband (C.G.). ... Non-applicant For Applicant : Mr. Shivendu Pandya, Advocate For Non-applicant : Ms. Saumya Sharma, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 23/09/2026 1. Heard on admission. 2. With the consent of learned counsel appearing for the parties, the matter is heard finally. 3. Pursuant to the order dated 06.08.2026, the victim along with her father appeared before this Court and raised serious objection to the grant of bail to the applicant. 4. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 106/2026, registered at Police Station Devbhog, District – Gariyaband, for the offences punishable under Sections 64(2)(m), 87, and 137(2) of the Digitally signed by NADIM MOHLE 2 Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act. 5. The case of the prosecution, in brief, is that the applicant, on the pretext of marriage, enticed the minor victim and established physical relations with her. On a report being lodged to that effect, the FIR was registered against the applicant for the aforesaid offences and he was arrested. 6. Learned counsel appearing for the applicant would submit that the applicant has falsely been implicated in the present case. He would submit that the applicant has no criminal antecedents and is languishing in jail since 09.04.2026. He would further submit that both the victim as well as her father have already been examined before the trial Court; the father has turned hostile, and the victim has only partly supported the prosecution version to the extent of accompanying the applicant on his motorcycle, but she has categorically denied the suggestions of sexual assault put forth by the Public Prosecutor, stating that no such incident had taken place. He would also submit that conclusion of the trial is likely to take some time, hence, he prays for grant of regular bail to the applicant. 7. On the other hand, learned State counsel would oppose the bail application and submit that at the time of the incident, the victim was aged about 16 years. She would further submit that in her statement recorded under Section 183 of the BNSS, the victim had made serious allegations against the applicant. She would also submit that the victim along with her father appeared before this Court today and they raised serious objection to grant of bail to the applicant, therefore, looking to the gravity of the offences, the applicant does not deserve to be released on bail. 8. I have heard learned counsel for the parties and perused the case diary. 3 9. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and particularly considering that the victim and her father have already been examined before the trial Court, wherein the father has turned hostile and the victim, while partly supporting the case regarding accompanying the applicant on his motorcycle, has denied the suggestions of sexual assault and categorically stated that no such incident took place; further considering that the applicant has no criminal antecedents, is in jail since 09.04.2026, and the conclusion of the trial is likely to take some time, without commenting on the merits of the case, I am inclined to grant regular bail to the applicant. Accordingly, the bail application is allowed. 10.It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail, on following conditions :- (i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. 11.The observation made hereinabove is for the purpose of deciding this bail application only, the trial Court shall decide the case on its own merits. Sd/- Rakesh Mohan Pandey JUDGE Nadim